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ARTICLE · 16 NOVEMBER 2021

Overtime Work & Income Taxation

CMS Pasquier Ciulla Marquet Pastor & Svara
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Since 1 January 2019, the amounts received by French employees for working overtime can be exempt from income tax, up to an annual ceiling of €5,000 net.

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Since 1 January 2019, the amounts received by French employees for working overtime can be exempt from income tax, up to an annual ceiling of €5,000 net.

Due to the COVID-19 crisis, this amount was raised up to €7,500 for overtime work accumulated between 16 March 2020 and the end of the health emergency state in France. However, the exempted remuneration for overtime outside of the health emergency state shall not exceed the €5,000 ceiling.

The question arises as to whether or not this measure of tax exemption for overtime applies to cross-border workers, in particular French employees working for Monegasque employers.

A French ministerial reply (known as the "Reitzer reply"), published in the Journal Officiel on 22 December 2020, provided clarification on the subject, and appeared almost untouched in another ministerial reply, published on 9 March 2021.

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